Supplementary Order Paper

Proposed amendments

31ABNew section 85A inserted (Deprivation of life of non-human hominids)

After section 85, insert:

“85ADeprivation of life of non-human hominids

“(1)Except in self-defence and the defence of others (including non-human hominids), no person, without prior approval in writing from the Director-General, may deprive a non-human hominid of life.

“(2)The Director-General must not give permission under subsection (1) unless satisfied that deprivation of life is in the best interests of the non-human hominid.

“(3)A person commits an offence who contravenes subsection (1).”

New clause 35A

After clause 35 (page 20, after line 15), insert:

35ASection 119 amended (Penalties)

In section 119, after “section 85(7)”, insert “or section 85A(3)”.

Explanatory note

This Supplementary Order Paper amends the Animal Welfare Act 1999. New clause 31AB inserts new section 85A and new clause 35A amends section 119. These amendments provide for a prohibition on killing of non-human hominids and a penalty for the offence. Section 85 of the Animal Welfare Act 1999 prohibits experimentation on non-human hominids. But, by itself, this leaves non-human hominids that can no longer be used for that purpose at greater risk of being killed and more vulnerable to other abuse and to exploitation. A prohibition on killing will also protect non-human hominids in captivity who cease to have a commercial value. The killing ban safeguards the lives of non-human hominids and affirms that it is fundamentally wrong to kill beings who are mentally on a par with young children. As with the experimentation ban, the Director-General has the power to allow the deprivation of life, if it is “in the best interests of the individual” non-human hominid. This allows for mercy killing.